1964 (10) TMI 18 - SUPREME COURT

Whether the reassessment under section 34 (of the Indian Income-tax Act, 1922) completed on 30th June, 1953, for the year 1944-45 is valid?

Held that:- Some confusion has crept into this branch of the income-tax law by the use of the words " voluntary return " and a " non-voluntary return ". Section 22(3) does not use this expression and whatever the impelling cause or motive, if a return otherwise valid is filed by an assessee before the receipt of a valid notice under section 34, it is to be treated as a return within section 22(3) for it falls within the language of the sub-section.

We agree with the High Court that the question referred to the High Court must be answered in the negative. Appeal dismissed.